119-s2274

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2274 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2274

To amend 

section 301 of the Immigration and Nationality Act to clarify 
 those classes of individuals born in the United States who are not 
 nationals or citizens of the United States at birth.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 July 15, 2025

 Mr. Cotton (for himself, Mr. Hagerty, Mr. Moreno, and Mr. Cramer) 
introduced the following bill; which was read twice and referred to the 
 Committee on the Judiciary

_______________________________________________________________________

 A BILL

To amend 

section 301 of the Immigration and Nationality Act to clarify 
 those classes of individuals born in the United States who are not 
 nationals or citizens of the United States at birth.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Constitutional Citizenship 
Clarification Act of 2025''.

SEC. 2. SENSE OF CONGRESS.

 It is the sense of Congress that--

    (1) the right of birthright citizenship, established by 
 

section 1 of the 14th Amendment to the Constitution of the 
 United States, is rooted in the common law doctrine of jus soli 
 and limited by the principle that it is not ``the soil, but 
 ligeantia and obedientia that make the subject born'' a 
 citizen;

    (2) the Supreme Court of the United States has long 
 recognized that, under the principle of allegiance and 
 obedience, the children of foreign diplomats or enemy troops 
 born on United States soil are not entitled to birthright 
 citizenship; and

    (3) under that same principle, the children of foreign 
 spies, saboteurs, terrorists, or other hostile actors, as well 
 as the children of illegal aliens, should not be entitled to 
 birthright citizenship.

SEC. 3. PURPOSE.

 The purposes of this Act are--

    (1) to codify the common law exception to birthright 
 citizenship for ambassadors and invaders; and

    (2) to clarify that other categories of disloyal or 
 disobedient aliens are also subject to such exception.

SEC. 4. CITIZENSHIP AT BIRTH EXCLUSIONS FOR CERTAIN PERSONS BORN IN THE 
 UNITED STATES.

 

Section 301

    (a) of the Immigration and Nationality Act (8 U.S.C. 
1401

    (a) ) is amended by striking the semicolon at the end and inserting 
the following: ``: Provided, That a person born in the United States 
shall not be considered subject to the jurisdiction of the United 
States if the person is born of alien parents who are--

    (1) unlawfully present in the United States;

    (2) present in the United States for diplomatic purposes; 
 or

    (3) engaged in a hostile occupation of, or a hostile 
 operation in, the United States;''.
 <all>